Data Processing Addendum

The School is the owner of the student data it puts into the Grader. NudgeLearn is its service provider and processes that data only on the School's documented instructions. For FERPA purposes NudgeLearn is a school official with a legitimate educational interest(34 CFR 99.31(a)(1)(i)(B)), performing a service the School would otherwise perform itself, under the School's direct control.

We use student data only to provide and support the Grader for the School: reading the uploaded work, producing marks, scores and feedback, returning them to the teacher, and keeping the record the teacher can review, correct and export. We do not sell student data, use it for advertising or marketing, build advertising or behavioral profiles of students, or disclose it to anyone other than the sub-processors below.

Current sub-processors and what each receives. We will give the School notice before adding a new sub-processor that handles student data.

• Anthropic (US): grading, receives the uploaded work. Not used to train its models under Anthropic's commercial terms
• Google Cloud Vision (US): handwriting recognition, receives the uploaded image. Not used to train Google's models and not retained after the request
• Neon (US): database hosting, holds all structured data
• Railway (US): application hosting
• Resend (US): transactional email to teacher and student addresses the teacher enters
• Stripe (US): billing for the School or teacher account. Receives no student data

All processing takes place in the United States.

TLS 1.2 or higher in transit with HSTS enforced; AES-256 encryption at rest at the database provider; credentials held as environment secrets; access to production data limited to staff who need it to operate and support the service. Our full controls are described in the Security section of the Privacy Policy.

If student data is exposed, we will notify the School's named contact within 72 hours of confirming the incident, describe the data involved and the students affected so far as we know them, describe our containment and remediation, and cooperate with any notification the School is required to make.

• Graded work is kept while the account is active, subject to the automatic windows in the Data Retention Policy
• A teacher can delete any individual paper at any time from the app
• On the School's written request, or within 30 days of the end of the agreement, we delete or return all student data covered by it and confirm in writing
• Backups roll off within 30 days of deletion from the live database

Requests to access, correct, export or delete a student's data are handled through the School, since the School holds the education record. We support the School in meeting them and complete our part within 15 business days of the School's request.

We comply with FERPA, COPPA (16 CFR Part 312) and applicable state student-privacy laws, including California SOPIPA and New York Education Law 2-d where the School is subject to them. Section 7 of our Privacy Policy sets out what each of those requires of a service built the way the Grader is built, and how we meet it, based on our interpretation of those requirements. Where a School's own agreement or state law imposes stricter terms than this addendum, those terms control.

hello@nudgelearn.app, attention Privacy. We acknowledge within 3 business days.